Title

Authors

Document Type

Article

Publication Date

1998

Abstract

This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This includes a discussion of traditional sovereign immunity, Eleventh Amendment immunity, abrogation of immunity, and the Supreme Court's decision in Seminole Tribe v. Florida. The second article will consider the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign immunity. (Forthcoming, Journal of Bankruptcy Law and Practice, November/December 1998).

Comments

Originally published in the Journal of Bankruptcy Law and Practice. Posted with permission of Thomson Reuters.